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The Punjab RERA Procedure Regulations

21. On 12th July 2018, the Authority published the Punjab RERA Procedure Regulations by a notification issued in exercise of the powers conferred on it under Section 85 of the Act. Regulations 7 and 8 thereof read as under:

"7. Entrustment of complaints:

(1) Every complaint scrutinized under Regulation 6 shall be entrusted to a single-Member Bench of the Authority, or an Adjudicating Officer (I there are more than one), on random basis, for further proceedings.

The Legal Branch should scrutinize the complaints received henceforth in accordance with the above decision."

24. However, subsequently on 19th March 2019, another Circular was issued by the Authority stating that the earlier Circular dated 21st November, 2018 would be held in abeyance till further orders.

The order of the Appellate Tribunal in Sandeep Mann's case

25. This was possibly occasioned by the order dated 27th February, 2019 passed by the RERA Appellate Tribunal, Punjab ('Appellate Tribunal') comprising the Chairperson and an Administrative Member, in Appeal No. 53 of 2018 (Sandeep Mann v. RERA, Punjab and another). The conclusions in the said order read as under:

30. On 19th February 2020, the learned Single Judge took up for hearing RERA Appeal No. 2 of 2020 along with the five connected RERA Appeal Nos. 8, 9, 10, 11 and 13 of 2020. This time the learned Single Judge ordered the execution proceedings consequent upon the impugned orders of the Authority, to be stayed. The learned Single Judge of the Court clarified in an order dated 18th March, 2020 that during the pendency of the appeals, the Authority would be bound by the aforementioned pronouncement of the Appellate Tribunal in Sandeep Mann (supra).

"Delegation.

81. The Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the power to make regulations under section 85), as it may deem necessary."

56. The above justification is contrary to the very notification dated 12th July, 2018 under which the Punjab RERA Procedure Regulations have been made. The opening paragraph of the said notification clearly states that the Punjab RERA Procedure Regulations have been made under Section 85 of the Act. As already noticed, Section 85 (2) (f) only refers to the power to make regulations under Section 29 (1) of the Act. Even if, one would go by Section 85 (2) (f) of the Act, which is a general power to make Regulations to carry out the purposes of the Act, Section 85 (1) itself makes it clear that it has to be 'consistent with the Act and the rules made there under'. Consequently, in exercise of the 25 of 41 CWP No. 8548 of 2020 and other connected matters page 26 of 41 powers under Section 85 of the Act, the Authority cannot possibly make Regulations authorising a Single Member Bench to discharge the judicial functions of the Authority and hear and dispose of complaints filed before the Authority.